Sowmya Pillai (HR Executive) 04 May 2009

Form 16

HI,

I worked for a 1+ year old small sized company of 50+ employees and it got closed due to some management issues.. There was a person(Finance Director), practising auditor who was taking care of our finance department. Due to the dispute between him and another management guy, this finance guy is not providing our Form 16 and when asked, he is not giving proper response. He is saying that there is some issue b/n them so he can't. But i dont think he can answer recklessly like this. Also they closed the company within a weeks time and said that they can pay only 15days salary. Please guide me how can we proceed with this type of person to get our Form 16.

Thanks & Regards,

Sowmya

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5 Replies

A V Vishal (Advocate) 04 May 2009

Dear Sowmya,

Since you are saying the company is closed and the concerned person is not helpful in providing the Form 16, I suggest you to write a letter to the Company representative viz the Managing Director or the Finance director explaining the position. In case, they turn down your request I suggest you directly approach the I T department and complain against the company and its directors. The department will proceed legally against the company since the act specifically lays down the regulation for Furnishing of particulars of income under the head “Salaries”.

26A. (1) The assessee may furnish to the person responsible for making the payment referred to in sub-section (1) of section 192, the details of the income under the head “Salaries” due or received by him from the other employer or employers referred to in sub-section (2) of that section and of any tax deducted at source from such income in Form No. 12B.

(2) The person responsible for paying any income chargeable under the head “Salaries” shall furnish to the person to whom such payment is made, a statement giving correct and complete particulars of perquisites or profits in lieu of salary and the value thereof in,—

(a) relevant columns provided in Form No. 16, if the amount of salary paid or payable to the employee is not more than one lakh and fifty thousand rupees; or

[(b) Form No. 12BA, if the amount of salary paid or payable to the employee is more than one lakh and fifty thousand rupees, which shall accompany the return of income of the employee.]

A V Vishal (Advocate) 04 May 2009

Due date for giving certificate of TDS/TCS
	*TDS*	*TCS*
Situation 1 - TDS on salary under section 192 Situation 1 - TDS on salary under section 192	By April 30 after the end of the financial year	NA
Situation 2 - When tax is deducted at the time of passing credit entry on the last day of the accounting year	Within one week from the date of deposit of TDS	NA
Situation 3 - When prior approval is taken from the Assessing Officer to quarterly deposit tax deducted under section 192, 194A, 194D or 194H	Within 14 days from the date of deposit of TDS	NA
Situation 4 - When deductee requests the payer to issue consolidated TDS certificate (applicable only when more than one TDS certificate is required to be given to the deductee)	By April 30 after the end of the financial year	NA
Situation 5 - Any other case	Within one month from the end of the month in which tax is deducted	Within one month from the end of the month in which tax is collected

A V Vishal (Advocate) 04 May 2009

Certificate for tax deducted.

203.[(1)] Every person deducting tax in accordance with [the foregoing provisions of this Chapter] [shall, within such period as may be prescribed from the time of credit or payment of the sum, or, as the case may be, from the time of issue of a cheque or warrant for payment of any dividend to a shareholder], furnish to the person to whose account such credit is given or to whom such payment is made or the cheque or warrant is issued, a certificate to the effect that tax has been deducted, and specifying the amount so deducted, the rate at which the tax has been deducted and such other particulars as may be prescribed.]

[(2) Every person, being an employer, referred to in sub-section (1A) of section 192 shall, within such period, as may be prescribed, furnish to the person in respect of whose income such payment of tax has been made, a certificate to the effect that tax has been paid to the Central Government, and specify the amount so paid, the rate at which the tax has been paid and such other particulars as may be prescribed.]

[(3) Where the tax has been deducted or paid in accordance with the foregoing provisions of this Chapter on or after the 1st day of April, [2010], there shall be no requirement to furnish a certificate referred to in sub-section (1) or, as the case may be, sub-section (2).]

Sowmya Pillai (HR Executive) 06 May 2009

Hello Vishal,

Thanks for providing me with details.. It will be very helpful for not only me, also for other employees worked with me.. The situation now is the office premises is vacated.. the office is no more operating.. The finance person is having his own audit office and he is the only person whom we can mail to his personal audit office address other management people in my company are not reachable.. I mailed the finance to his personal mail id(since all official mail ids are not active) but he hasnt replied even to a single mail.. the same response for my other colleagues too.. Itz really tough to get it from such kind of unprofessional persons.. Anyways your reply will help us proceeding further..

Thanks & Regards,

Sowmya

A V Vishal (Advocate) 07 May 2009

The auditor cannot be held responsible, Sowmya, only the company can be since the said audit person is a third party and worked only on retainer basis, kindly give complete details of the company, I can help you trace the current registered ofice addresses and the adresses of the directors too. I am based at Hyderabad